Ex parte CHITNIS et al. - Page 3




                 Appeal No. 96-2479                                                                                                                     
                 Application No. 08/091,428                                                                                                             


                 obviousness are:                                                                                                                       
                 Gladrow et al.                      4,287,048                                    Sep. 1, 1981                                          
                 (Gladrow '048)                                                                                                                         
                 Gladrow et al.                               4,289,606                                    Sep. 15, 1981                                
                 (Gladrow '606)                                                                                                                         

                          The claims on appeal are rejected under 35 U.S.C. § 103                                                                       
                 as being unpatentable over Gladrow '048 or Gladrow '606.                                                                               
                          We cannot sustain this rejection.                                                                                             
                          Each of the Gladrow patents teaches a catalytic cracking                                                                      
                 process which employs a catalyst comprising ultrastable                                                                                
                 zeolite Y which is disclosed as being substantially free of                                                                            
                 rare earth metals including yttrium.   According to Gladrow,     2                                                                     
                 substantially rare earth free means that the rare earth metal                                                                          
                 content of the zeolite will be less than about 1 weight                                                                                
                 percent.  In these respects, see lines 54 through 64 in column                                                                         
                 2 of Gladrow '048 and lines 52 through 62 in column 2 of                                                                               
                 Gladrow '606.                                                                                                                          
                          It is the examiner's basic position that "the catalyst                                                                        

                          2As correctly indicated by the appellants, a standard                                                                         
                 definition of "rare earth" reflects that yttrium in fact is                                                                            
                 "not a rare earth element, [but] is found associated with the                                                                          
                 rare earths and is only separated with difficulty" (Hawley's                                                                           
                 Condensed Chemical Dictionary, 11th ed.)                                                                                               
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